When it comes to intellectual property disputes, it is important to know what type of IP is at play and what specific rights were infringed upon. From there you can craft your case narrative to show how your client’s rights have been violated. A well-rounded courtroom strategy will include powerful, effective demonstratives from a trusted Wilmington trial support service.
Types of Intellectual Property and Their Respective Rights
Intellectual property (IP) is broken down into several different categories. These categories determine what rights you have and what you need to prove theft or infringement. The three main types of intellectual property are:
- Copyrighted material – This covers original work, such as writings, photographs, music, paintings, software and films. If you hold the copyright, only you have the right to:
- reduce the copyrighted work
- display the copyrighted work publicly
- produce derivative versions of the copyrighted work
- distribute copies of the work to the public through sales or permission to display
- Trademarks – These are words, symbols, phrases, and/or designs that identify or distinguish goods as belonging to one party rather than another. The trademark holder can prevent others from using the same or a similar trademark (unless the other party has already established active, legitimate use of the mark).
- Trade secrets – Any valuable business information that is not generally known, or is kept confidential to preserve its economic value, is a trade secret. (Examples include the recipe for Coca Cola and the formula for WD-40.) If you own a trade secret, you can prevent others from using, copying, or benefitting from the trade secret without your permission. You can also force other parties to sign nondisclosure agreements, keeping them from stealing or using the protected information.
Due to the sensitive nature of most intellectual property, IP disputes often rely on expert testimony to explain why their IP rights have been violated. For example:
- A software engineer explaining how their code is unique and proprietary.
- A fast-food chain proving their recipe is one-of-a-kind and a trade secret.
- A manufacturer showing how their fabrication process is new or an improvement on an existing process.
- An engineer demonstrating how their product’s function and design has been copied or stolen.
Expert testimony can be difficult for jurors to follow since it involves technical language and discussion of complex processes. As part of our Wilmington trial support services, we offer interactive depositions. This allows deponents to engage with exhibits via a telestrator, giving depth and clarity to their testimony. Our Wilmington animation services can also be a powerful ally in explaining your case to the jury. Trial animations allow the jury to look inside a mechanism and better understand its function and key elements.
Wilmington Trial Support Services from Precise
Let our Wilmington trial animators and videographers help bring your case to life. Call us today at 866-277-3247 to discover how Precise’s combination of affordable solutions and expert results can benefit your case.